CHAPTER 3 第3章
Commencement of laytime 装卸时间的起算
3.392 The other judgment to consider the matter was that of Buckley LJ, who said:
In the case of a berth charter the ship does not reach her destination until she is berthed. In the case of such a charter the insertion of the words ‘‘whether in berth or not’’ makes lay days run from a time when the ship has not yet berthed. Whether it is right to say that the effect of the insertion in such a case is to make the operation of the charter the same as a port charter, so that the ship should be treated as ‘‘arrived’’ although she has not berthed, or whether the insertion merely advances the time from which lay days run notwithstanding that the ship may not technically have arrived, perhaps does not much matter. The latter seems to me to be probably the more correct view. The purpose of inserting the same words in a port charter is likely to be more obscure, because in such a case the commencement of lay days will not normally depend on whether the ship has berthed or not.
3.393 Lord Diplock also took a similar view in The Maratha Envoy, where he said:
The effect of this well-known phrase in berth charters has been settled for more than half a century. Under it time starts to run when the vessel is waiting within the named port of destination for a berth there to become vacant. In effect it makes the Reid test applicable to a berth charter. It has no effect in a port charter; the Reid test is applicable anyway.
3.393在The Maratha Envoy案，Diplock勋爵也持有类似的观点，他说：